Order Paper 9th September 2003

STATES OF JERSEY ORDER PAPER

Tuesday 9th September 2003

1. COMMUNICATIONS BYTHE BAILIFF
2. TABLING OF SUBORDINATE LEGISLATION

(Explanatory note attached)

Health Care (Registration) (Prescribed Qualifications) (Jersey) Order R&O 65/2003. 2003.

Health and Social Services Committee.

Road Racing (Hill Climbs and Sprint) (No. 2) (Jersey) Order 2003. R&O 66/2003. Home Affairs Committee.

Terrorism (Passenger and Crew Information) (Jersey) Order 2003. R&O 67/2003. Home Affairs Committee.

Terrorism (Audio Recording of Interviews) (Jersey) Order 2003. R&O 68/2003. Home Affairs Committee.

Terrorism (Proscribed Organizations) (Amendment) (Jersey) Order R&O 69/2003. 2003.

Home Affairs Committee.

Terrorism (Proscribed Organizations - Deproscription Applications) R&O 70/2003. (Jersey) Order 2003.

Home Affairs Committee.

Terrorism (Carding) (Jersey) Order 2003. R&O 71/2003. Home Affairs Committee.

Medicines (Clinical Trial Exemptions) (Amendment) (Jersey) Order R&O 73/2003. 2003.

Health and Social Services Committee.

Medicines (Clinical Trial Exemptions) (No.  2) (Amendment) (Jersey) R&O 74/2003. Order 2003.

Health and Social Services Committee.

Medicines  (Prescription  Only)  (Amendment  No.  5)  (Jersey)  Order R&O 75/2003. 2003.

Health and Social Services Committee.

Tourism  (General  Provisions)  (Amendment  No.  10)  (Jersey)  Order R&O 76/2003. 2003.

Economic Development Committee.

Places of Refreshment (Registration) (Fees) (Jersey) Order 2003. R&O 77/2003. Economic Development Committee.

Potatoes (Precautions Against Blight) (Amendment No.  10) (Jersey) R&O 78/2003. Order 2003.

Economic Development Committee.

Export of Flowers (Amendment) (Jersey) Order 2003. R&O 79/2003.

Economic Development Committee.

Export of Agricultural Produce (Amendment No.  12) (Jersey) Order R&O 80/2003. 2003.

Economic Development Committee.

Gorey Fête (Jersey) Order 2003. R&O 81/2003. Environment and Public Services Committee.

Road  Traffic  (Saint  Brelade)  (Amendment  No.  14)  (Jersey)  Order R&O 82/2003. 2003.

Environment and Public Services Committee.

Road Traffic (Speed Limits) (Jersey) Order 2003. R&O 83/2003. Environment and Public Services Committee.

Battle of Britain Air Display (Jersey) Order 2003. R&O 84/2003. Environment and Public Services Committee.

3. MATTERS RELATING TO COMMITTEE MEMBERSHIP
4. PRESENTATION OF PAPERS

1. Papers for information

Matters presented under Standing Order 6A(1)(a)

Jersey Law Commission: Report for 2002. R.C.39/2003. Legislation Committee.

General Reserve: grant of additional funds to 30th June 2003. R.C.40/2003. Finance and Economics Committee.

A Tobacco Strategy for Jersey (P.109/2003): comments. P.109/2003. Finance and Economics Committee. Com.

An Alcohol Strategy for Jersey (P.110/2003): comments. P.110/2003. Finance and Economics Committee. Com.

Fief de la Fosse: proposed agreement with Les Pas Holdings Limited P.117/2003. (P.117/2003) – addendum to report. Add. Policy and Resources Committee.

Matters presented under Standing Order 6A(1)(b)

12th August 2003

Bas du Mont Flats, Pier Road, St.  Helier: transfer of administration of P.112/2003. land (P.112/2003) – comments. Com. Housing Committee.

Fief de la Fosse: proposed agreement (P.117/2003) – comments. P.117/2003. Finance and Economics Committee. Com.

19th August 2003

States of Jersey Audit Commission: Annual Report - 2002.

Finance and Economics Committee.

States  of Jersey Law 1966, as amended: delegation of functions – R.C.37/2003. Housing (General Provisions) (Jersey) Regulations 1970.

Housing Committee.

Public and private sector construction workflow projections. R.C.38/2003. Economic Development Committee.

Public right of access to information, financial and other records of the P.34/2003. Com. States of Jersey (P.34/2003): comments. (2) Privileges and Procedures Committee.

2. Notification of Standing Order decisions

30th July, 6th August and 2nd September 2003

Decisions under delegated functions. Finance and Economics Committee.

3. Notification of acceptance of tenders

18th July 2003

Janvrin School Nursery – new nursery class. Education, Sport and Culture Committee.

4. Papers to be lodged "au Greffe" under Standing Order 17A(1)(a)

Draft Costs in Criminal Cases (Witnesses' Allowances) (Amendment P.128/2003. No.  6) (Jersey) Regulations 200-.

Finance and Economics Committee.

Parish of St.  Peter: grant of a loan. P.129/2003. Finance and Economics Committee.

Draft Licensing (No.  15) (Jersey) Regulations 200-. P.130/2003. Economic Development Committee.

Income Tax: introduction of higher rate. P.131/2003. Deputy G.P. Southern of St. Helier.

5. Notification of Papers lodged "au Greffe" under Standing Order 17A(1)(b)

29th July 2003

Draft Waste Management (Jersey)  Law 200- (P.211/2002): second P.211/2002. amendments. Amd.(2) Environment and Public Services Committee.

Benefits paid by the Housing and Employment and Social Security P.116/2003. Committees: protection.

Deputy G.P. Southern of St. Helier.

Fief de la Fosse: proposed agreement with Les Pas Holdings Limited. P.117/2003. Policy and Resources Committee.

5th August 2003

A Tobacco Strategy for Jersey (P.109/2003): amendments. P.109/2003. Senator E.P. Vibert . Amd.

12th August 2003

States Resource Plan 2004 – 2008. P.118/2003. Policy and Resources Committee.

Draft Fire Service (Amendment No.  5) (Jersey) Law 2003 (Appointed P.119/2003. Day) Act 200-.

Home Affairs Committee.

Jersey Community Relations Trust. P.120/2003. Policy and Resources Committee.

Succession Rights for children born out of wedlock. P.121/2003. Legislation Committee.

Draft  Transfer  of  Functions  (Economic  Development  Committee) P.122/2003. (Jersey) Act 200-.

Finance and Economics Committee.

19th August 2003

A Tobacco Strategy for Jersey (P.109/2003): second amendment. P.109/2003. Deputy A. Breckon of St. Saviour . Amd.(2)

Draft Sea Fisheries (Amendment) (Jersey) Law 2002 (Appointed Day) P.123/2003. Act 200-.

Economic Development Committee.

Draft Sea Fisheries (Licensing of Fishing Boats) (Jersey) Regulations P.124/2003. 200-.

Economic Development Committee.

Draft Sea Fisheries (Underwater Fishing) (Jersey) Regulations 200-. P.125/2003. Economic Development Committee.

Draft Animal Welfare (Jersey) Law 200-. P.126/2003. Economic Development Committee.

Draft Licensing (Licence Fees) (Jersey) Regulations 200-. P.127/2003. Economic Development Committee.

2nd September 2003

States Resource Plan 2004 – 2008 (P.118/2003): amendment. P.118/2003. Harbours and Airport Committee. Amd.

States Resource Plan 2004 – 2008 (P.118/2003): second amendments. P.118/2003. Connétable of St. Helier. Amd.(2)

6. Papers for consideration by the States in Committee under Standing Order 38A

5. STATEMENTS  AND  PROPOSITIONS  RELATING  TO THE ARRANGEMENT  OF  PUBLIC  BUSINESS  AT  THIS  OR  ANY SUBSEQUENT MEETING

The President of the Home Affairs Committee will seek leave to defer consideration of the draft Regulation of Investigatory Powers (Jersey) Law 200-, (P.89/2003 lodged "au Greffe" on 24th June 2003), from the present meeting to a later date.

THE  STATES are  asked  to  agree  that the  following matters  lodged "au  Greffe" be considered at the present meeting -

States Auditors: further extension of contract. P.113/2003. Lodged: 22nd July 2003.

Finance and Economics Committee.

(consideration in camera).

3 Edward Place, The Parade, St.  Helier: purchase. P.114/2003. Lodged: 22nd July 2003.

Health and Social Services Committee.

The President of the Policy and Resources Committee has given notice that he will ask the States to agree to resolve into a Committee of the Whole House at the next meeting on 16th  September  2003,  in  accordance  with  Standing  Order  38A,  for  the  purpose  of considering  the  following  matter  as  the  first  item  of  public  business,  and  that  this Committee of the Whole House be held in camera –

Fief de la Fosse: proposed agreement with Les Pas Holdings Limited. P.117/2003. Lodged: 29th July 2003.

Policy and Resources Committee.

Fief de la Fosse: proposed agreement (P.117/2003) – comments. P.117/2003. Presented: 12th August 2003. Com. Finance and Economics Committee.

THE  STATES are  asked  to  agree  that the  following matters  lodged "au  Greffe" be considered at their next meeting on 16th September 2003 -

States Resource Plan 2004 – 2008. P.118/2003. Lodged: 12th August 2003.

Policy and Resources Committee.

States Resource Plan 2004 – 2008 (P.118/2003): amendment. P.118/2003. Lodged: 2nd September 2003. Amd. Harbours and Airport Committee.

States Resource Plan 2004 – 2008 (P.118/2003): second amendments. P.118/2003. Lodged: 2nd September 2003. Amd.(2) Connétable of St. Helier.

In accordance with Standing Order 17(6), the following Paper is deemed to have been withdrawn -

Jersey Harbours: progress towards the Trust Port. P.128/2002. Lodged: 23rd July 2002.

Harbours and Airport Committee.

6. PRESENTATION OF PETITIONS
7. QUESTIONS

Senator C.G.P. Lakeman will ask questions of the President of the Environment and Public Services Committee regarding Field 126, St. Clement.

Senator E.P. Vibert will ask a question of the President of the Policy and Resources Committee regarding the appointment of a Communications Consultant.

Senator E.P. Vibert will ask a question of the President of the Environment and Public Services Committee regarding the Connex bus service.

The Deputy of St. John will ask a question of the President of the Policy and Resources Committee regarding negotiations in respect of the proposed new Guernsey fishing vessel licensing scheme in relation to Jersey.

The Deputy of St. John will ask a question of the President of the Economic Development Committee regarding negotiations in respect of the proposed new Guernsey fishing vessel licensing scheme in relation to Jersey.

Senator E.P. Vibert will ask a question of the President of the Policy and Resources Committee regarding the employment contract of a senior public servant.

Deputy G.C.L. Baudains of St. Clement will ask questions of the President of the Environment and Public Services Committee regarding a water resources survey and the proposed draft Water Resources Law.

The Deputy of St. Martin will ask a question of the President of the Home Affairs Committee regarding legislation in relation to the confiscation of alcohol.

Deputy P.N. Troy of St. Brelade will ask a question of the President of the Finance and Economics Committee regarding proposed user pays charges for late income tax returns.

The Deputy of St. John will ask questions of the President of the Environment and Public Services Committee regarding the quality of bathing water in St. Aubin's Bay.

Senator E.P. Vibert will ask questions of the President of the Policy and Resources Committee regarding meetings, correspondence, costs and advice received in connection with matters relating to Les Pas Holdings Limited.

Deputy G.C.L. Baudains of St. Clement will ask a question of the President of the Policy and Resources Committee regarding the value of the Waterfront site and breakdown of legal costs as related to matters involving Les Pas Holdings Limited.

Senator E.P. Vibert will ask questions of the President of the Policy and Resources Committee regarding the proposed in-camera Committee of the Whole House discussion on 16th September 2003, and the position of Addendum Public Relations as related to matters involving Les Pas Holdings Limited.

Senator E.P. Vibert will ask a question of the President of the Policy and Resources Committee regarding the declaration of interests by those attending its meetings at which it discussed matters involving Les Pas Holdings Limited.

Senator E.P. Vibert will ask a question of the President of the Policy and Resources Committee regarding negotiations, fees and legal costs relating to matters involving Les Pas Holdings Limited.

Senator P.V.F. Le Claire will ask questions of the President of the Policy and Resources Committee regarding that Committee's decisions relating to matters involving Les Pas Holdings Limited.

Senator P.V.F. Le Claire will ask questions of the President of the Policy and Resources Committee regarding parking provisions, excavation costs and spoil toxicity implications of the site proposed in the settlement with Les Pas Holdings Limited.

8. MATTERS OF PRIVILEGE
9. PERSONAL STATEMENTS
10. COMMITTEE STATEMENTS
11. PUBLIC BUSINESS

Social rented housing: policy on setting rents. P.29/2003. Lodged: 18th March 2003.

Deputy G.P. Southern of St. Helier.

Social rented housing: policy on setting rents (P.29/2003) – comments. P.29/2003. Presented: 29th April 2003. Com. Employment and Social Security Committee. (re-issue)

Social rented housing: policy on setting rents (P.29/2003) – comments. P.29/2003. Presented: 20th May 2003. Com.(2) Housing Committee.

Social rented housing: policy on setting rents (P.29/2003) – comments. P.29/2003. Presented: 20th May 2003. Com.(3) Finance and Economics Committee.

Draft Mental Health (Amendment) (Jersey) Law 200-. P.94/2003. Lodged: 1st July 2003.

Health and Social Services Committee.

Draft Public Library (Jersey) Regulations 200-. P.95/2003. Lodged: 8th July 2003.

Education, Sport and Culture Committee.

La Collette, St.  Helier: transfer of administration of roadway. P.96/2003. Lodged: 8th July 2003.

Environment and Public Services Committee.

Draft Agricultural Marketing (Amendment No.  7) (Jersey) Law 200-. P.107/2003. Lodged: 15th July 2003.

Economic Development Committee.

Draft Maincrop Potato Marketing Scheme (Revocation) (Jersey) Act P.108/2003. 200-.

Lodged: 15th July 2003.

Economic Development Committee.

Draft Fish Health (Amendment) (Jersey) Regulations 200-. P.111/2003. Lodged: 15th July 2003.

Economic Development Committee.

Bas du Mont Flats, Pier Road, St.  Helier: transfer of administration of P.112/2003. land.

Lodged: 15th July 2003.

Environment and Public Services Committee.

Bas du Mont Flats, Pier Road, St.  Helier: transfer of administration of P.112/2003. land (P.112/2003) – comments. Com. Presented: 12th August 2003.

Housing Committee.

Subject to E -

States Auditors: further extension of contract. P.113/2003. Lodged: 22nd July 2003.

Finance and Economics Committee.

(consideration in camera).

3 Edward Place, The Parade, St.  Helier: purchase. P.114/2003. Lodged: 22nd July 2003.

Health and Social Services Committee.

M.N. DE LA HAYE Greffier of the States

4th September 2003

Explanatory Note regarding subordinate legislation tabled at this meeting.

R&O 65/2003

The effect of this Order is to prescribe qualifications for registration under the Health Care (Registration) (Jersey) Law 1995.

A person will be qualified for registration in the Island as an ambulance paramedic, biomedical scientist, chiropodist, clinical scientist, dietitian, occupational therapist, orthoptist, physiotherapist, radiographer or speech and language therapist if registered in the equivalent occupation under the Health Professions Order 2001 of the United Kingdom. These provisions will come into force on 1st August 2003.

A person will be qualified for registration in the Island as an osteopath if registered as such under the Osteopaths Act 1993 of the United Kingdom. These provisions will also come into force on 1st August 2003.

The Order was made by the Health and Social Services Committee on 28th July 2003. R&O 66/2003

This Order authorizes the Classic and Vintage Motor Racing Club of Jersey to hold motor races on roads comprising the Five Mile Road course on 29th August  2003 and the Grève de Lecq course on 30th August  2003.

The times at which the roads may be closed and used for those purposes are specified in the Order. The Order was made by the Home Affairs Committee on 31st July 2003.

R&O 67/2003

Under paragraph 14(2) of Schedule 8 to the Terrorism (Jersey) Law 2002, an examining officer may give owners or agents of a ship or aircraft arriving in or leaving, or expected to arrive in or leave, the Island, a written request for information which the owners or agents are then under a duty to supply. This Order specifies the information that the officer may request.

The Order was made on 31st July 2003, and came into force on 1st September 2003.

R&O 68/2003 This Order –

1. im poses a requirement fortheaudio recording ofany interview, in a police station, byan officer ofthe States ofJersey Police of a person detained under Article 37oforSchedule 8 to theTerrorism(Jersey) Law 2002 (the "2002 Law"); and
2. b rings into operation a code ofpractice applicable to the audio recording of such interviews. A suspected terrorist maybedetainedunder Article 37of the 2002 Law.

A person suspected of having been concerned in the commission, preparation or instigation of acts of terrorism may be detained at any port, including the airport, under Schedule 8 to the 2002 Law.

The Order was made on 31st July 2003 and came into force on 1st September 2003. R&O 69/2003

This Order adds organizations to the list of proscribed organizations in Schedule 1 to the Terrorism (Jersey) Law 2002. The Order also adds a note to the Schedule clarifying the identity of the organization known as Jemaah

Islamiyah which is added to the list.

The Order was made on 31st July 2003 and came into force on 1st September 2003.

R&O 70/2003

The purpose of this Order is to set out the procedures for a proscribed organization or an individual affected by the proscription of an organization to apply to the Home Affairs Committee for the organization to be deproscribed.

In particular, the Order requires the Home Affairs Committee to consider an application within 120 days and, in the event that the application is refused, to inform the applicant of the rights of appeal available.

The Order was made on 31st July 2003, and came into force on 1st September 2003. R&O 71/2003

This Order would require every person landing in or embarking from the Island, whether by ship or aircraft, to complete a landing card if required to do so by a police officer, an immigration officer or a customs officer and would further require commercial carriers to supply passengers with the cards.

The Order was made on 31st July 2003, and came into force on 1st September 2003. R&O 73/2003

The effect of this Order together with the Medicines (Clinical Trial Exemptions) (No.  2) (Amendment) (Jersey) Order  2003, will be to recognise, for the purposes of the Medicines (Jersey) Law  1995, a clinical trials exemption granted in the U.K. This will remove the need for the Health and Social Services Committee to grant an exemption where an exemption has been granted in the U.K. and it is intended to treat Jersey residents in Jersey under the trial protocol.

The Order was made on 6th August 2003, and came into force on 13th August 2003. R&O 74/2003

The effect of this Order together with the Medicines (Clinical Trial Exemptions) (Amendment) (Jersey) Order 2003, will be to recognise, for the purposes of the Medicines (Jersey) Law 1995, a clinical trials exemption granted in the U.K. This will remove the need for the Health and Social Services Committee to grant an exemption where an exemption has been granted in the U.K. and it is intended to treat Jersey residents in Jersey under the trial protocol.

The Order was made on 6th August 2003, and came into force on 13th August 2003.

R&O 75/2003

This Order extends the exemption from the requirement that certain medicinal products may only be sold or supplied in accordance with a prescription given by a doctor or dentist to cover a pharmacy acting under the terms of a contract to supply medicinal products to the prison for the benefit of prisoners.

The Order was made on 6th August 2003, and came into force on 13th August 2003. R&O 76/2003

This Order increases the fees for the grant or renewal of registration of premises under the Tourism (Jersey) Law 1948 by approximately 2.5%. The fees were last increased on 1st October 2002.

The Order was made on 6th August 2003, and comes into force on 1st October 2003. R&O 77/2003

This Order increases the prescribed fee for registration, or renewal of registration, of premises as a place of refreshment under the Places of Refreshment (Jersey) Law 1967, by approximately 2.5%.

The Order was made on 6th August 2003, and comes into force on 1st January 2004. R&O 78/2003

This Order revokes Article  11 of the Potatoes (Precautions against Blight) (Jersey) Order  1961 which purported to prescribe a penalty for contravention of the Order. The provisions concerned with offences and penalties are in Article  23(1) of the Agricultural Marketing (Jersey) Law  1953, the Law under which the Order is made.

The Order was made on 6th August 2003, and came into force 7 days after it was made. R&O 79/2003

This Order revokes Article 6 of the Export of Flowers (Jersey) Order 1972 which purported to prescribe a penalty for contravention of the Order. The provisions concerned with offences and penalties are in Article 23(1) of the Agricultural Marketing (Jersey) Law 1953, the Law under which the Order is made.

The Order was made on 6th August 2003, and came into force 7 days after it was made. R&O 80/2003

This Order removes that part of Article  10 of the Export of Agricultural Produce (Jersey) Order  1972 which purported to prescribe a penalty for contravention of the Order. The provisions concerned with offences and penalties are in Article  23(1) of the Agricultural Marketing (Jersey) Law  1953, the Law under which the Order i made.

The Order was made on 6th August 2003, and came into force 7 days after it was made.

R&O 81/2003

The effect of this Order is to allow the St. Martin's Gymkhana and Fête Committee to use Gorey Pier for the purpose of holding the Gorey Fête on 21st August  2003.

It also authorizes the Fête Committee temporarily to close the site to traffic and to impose temporary traffic restrictions in other roads, in connection with the fête, between  19th and 22nd August  2003.

The Order was made on 7th August 2003, by the Environment and Public Services Committee on the application of the Fête Committee and after consultation by the Committee with the Connétable s of Saint Martin and Grouville and the Harbours and Airport Committee.

R&O 82/2003

This Order will prohibit waiting on either side of the road outside No.  117, Le Clos des Sables, and will remove the prohibition on waiting on 18  yards of the east side of Le Clos Saut Falluet.

The Order was made on 18th August 2003, and came into force 7  days after it was made. R&O 83/2003

This Order replaces the Road Traffic (Speed Limits) (Jersey) Order 1996 and its 5  amendments. The new Order makes the following changes –

1. i n Grouville ,thefollowingroadsbecome subject to a 30 m.p.h.speedlimit – La RueHorman,Le Chemin des Maltieres(betweenLaRueHormanandLaChevreRue) and LaChevreRue(between Gorey Village Main Road andLesChemins des Maltieres);
2. i n Saint Brelade, the following roads become subject to a 20m.p.h. speed limit – La Mielle Clement, Belle Vueand Les LandesAvenue;and,
3. i n Saint Peter, the part ofLaRuedel'Eglise that is subject to a 20 m.p.h.speedlimitwillnowbe the portion between the entrance to Clifton Place and LaGrande Route deSaint Pierre; and Route de l'Hermite becomessubject to a 20 m.p.h.speed limit.

The provisions of the 1996 Order dealing with speed limits indicated by the displaying of traffic signs on roads are not brought forward.

The Order, which was made by the Environment and Public Services Committee on 18th August 2003, will come into force on 9th September 2003.

R&O 84/2003

The effect of this Order is to allow Jersey International Air Display a.r.l. to control access to certain public roads and other places in connection with the viewing of the Battle of Britain air display on 11th September  2003.

The Order was made on 18th August 2003.

NOTIFICATION OF STANDING ORDER DECISIONS - FINANCE AND ECONOMICS COMMITTEE

(delegated functions)

30th July 2003

1. a s recommended by theEnvironment and Public Services Committee, the purchase from Mr.PaulEdwin Vibert andMrs. Nicola Daryl Vibert , néeRimeur, of an areaof land at Field No. 77, St. Ouen , (measuring 1,288 square feet), required for the construction of a sewage pumping station, for a consideration of £1,288.00, on the basis that the publicwouldat all times have vehicular and pedestrian rightofwayto access and egressthesite to be purchased onto theremainderofFieldNo. 77. In addition, Mr.and Mrs. Vibert would grant the public the useof a workingareaon Field No. 77,(measuring 1,550 square feet), fo the durationof the construction workatnoextracost. A connection to Mr.andMrs. Vibert 's property "Les Heches" would be provided free of charge. The public wouldalsoensure suitable access for Mr.andMrs. Vibert tothelower part of Field No. 77, the location of whichcrossing was to be agreed onsiteat the time of construction. The existing crossingbetweenFieldsNos. 77and78wouldremain.The public wastobe responsible for both parties' legal costs arising from the transaction;
2. as recommended by the Education, Sport and Culture Committee, the entering into of a Deed of Arrangement with Mrs. Joan Marion Averty, néeNérou, in respectof Field No. 1245, LaPouquelaye, St. Helier , in order to agree and record a newboundary line with theadjacentBadminton Hall , on the basis that the Committee would undertakeat its own cost reasonable landscapingortree planting on the bank in Mrs. Averty'sownership,together with a payment to Mrs.Avertyof £2,500 and alsoherlegalfeesincurred, (amounting to £3,825.51), upto and including the passing oftheDeedofArrangement;
3. a s recommendedby the Harbours and Airport Committee, the renewalof the lease to F.Battrick and Sons Limited of Vivier, (LettingNo. A4), AlbertPier, St. HelierHarbour, for the purpose of storing fish, for a period ofthreeyears from 31st May2003,atanannual rent of £3,464.72, (representing a rateof £4.94 a square foot), to bereviewedannually in line with theJerseyRetail Price Index;
4. a s recommendedbytheHarbours and AirportCommittee, the renewal ofthe lease to Mr.MichaelAnthony Taylor of Vivier, (Letting No. A5), Albert Pier, St. Helier Harbour, for the purposeof storing fish, for a period of three years from 1st June 2003, at an annual rent of £3,672.02, (representing a rate of £4.94 a square foot), to bereviewedannually in line with theJerseyRetail Price Index;
5. a s recommended by the Harbours and Airport Committee, the renewal of the lease to Channel Island Handling of an Office, (Letting No. A24A),AlbertPier, St. Helier Harbour, for a period of nine years from 1st May2003,at an annual rent of £6,981.36, (representing a rate of £10.51 a squarefoot),tobereviewed annually in line with the Jersey Retail Price Index;
6. a s recommendedby the Harbours and Airport Committee, the renewaloftheleasetoAqua-Mar Fisheries of Vivier,(LettingNo. V6),VictoriaPier, St. Helier Harbour, for the purpose of storing fish, for a periodof three years from 1st June 2003, atanannualrentof £7,185.13, (representing a rateof £4.14 a square foot), to bereviewedannually in line with the Jersey Retail Price Index;
7. a s recommendedby the EconomicDevelopmentCommittee,therenewal of the leaseto the Royal Bank of Scotland International Limited, (trading as NatWestBank), of the Old St.Aubin'sMarket, St. Brelade , for a period of nineyears from 26th December2003,at a commencingannual rent of£31,500,tobereviewed at the end ofthe third andsixthyearsof the term to OpenMarketValue with no allowance for a decreasein rent. TheLessee was tobe able to carry out alterations subject to obtaining the Landlord'sprior written consent, and to assign the whole ofthedemised premises ortosub-let them at the absolute discretion ofthe Lessor. TheLesseewouldberesponsiblefor all internal repair and maintenanceofthedemised premises including all mechanicalandelectrical elements. TheLessor would be responsible for maintaining the structure in a wind and watertight condition.TheLessee would be responsible for all services consumed on the demised premises in relation to its occupation thereof andalso for the occupier's rates. Each partywas

to be responsible for its own legal costs arising from the transaction; and,

8. a s recommendedby the Education,Sport and CultureCommittee,the lease to the Grainville TennisClub, (formerly the76TennisClub),of the Grainville pavilionand adjoining six playing courts, for a periodof three yearsdeemedto have commenced from 1st January 2003, at an initial annual rent of £6,200.00 subject to annual reviews in January each year in line with the Jersey Retail Price Index, onthebasis that eachparty would beresponsible for its ownlegalcosts arising from the transaction.

6th August 2003

1. a s recommended by the Harbours and Airport Committee, the lease to Normandie Health and Safety Limited of premises at the Fuel Compound, Jersey Airport, St.  Peter, comprising an office, (Letting No. B090B)and a lobbyand toilets, (LettingNo. B090D), together measuring a total areaof 459  squar feet, for a period of three years from 1st July 2003, at an initial annual rentof £4,879.17, (representing a rate of £10.63 a square foot), with annual rent reviewson 1st June in line withthe Jersey Retail Price Index;
2. a s recommendedbytheHarbours and Airport Committee, the leaseto British MidlandAirwaysLimitedof premises at the Fuel Compound, Jersey Airport, St. Peter, comprising a tyre store/workshop, (Letting No. B090), an  office,  (Letting  No. B090A), and  restrooms and  toilets,  (Letting No. B090C), togethe measuring a total areaof 616  squarefeet, for a period ofthree years from 1st July 2003, atan initial annual rent of £6,548.08, (representing a rate of £10.63 a squarefoot),withannualrent reviews on1stJunein line with theJerseyRetail Price Index;
3. a s recommendedby the EconomicDevelopmentCommittee, the sale to Oakbank Limited of FieldNo. 442, La  Mont de la Mare,  St.  Catherine, St.  Martin, (measuring  1.03.20  vergées), for  a  consideration  of £5,000.00, onthe basis that eachparty would be responsible for its ownlegal costs arising from the transaction;
4. a s recommendedby the Environment and Public ServicesCommittee,the lease to Angia Holdings Limited of the groundfloor offices at Nautilus House, 6 Caledonia Place, St. Helier , (measuringapproximately 1,447  square feet), for occupation byConnexTransport(Jersey)Limited in connexion with the operationof the Island'spublictransportservices, on an internal repairing basis with the publictoberesponsible for meeting anappropriateshareof the servicing costs for the communal areas, for a period of nine years from 24th June 2003, atanannualrentof £27,500.00, with rent reviews to be held on the third and sixth anniversaries of the lease commencementdate,onthebasis that eachparty would beresponsible for its ownlegalcosts arising from the transaction; and,
5. a s recommendedbytheHealth and Social Services Committee,the lease from Smilax Holdings Limitedof the three-bedroom property knownasNo. 1 The Sheilings, Gorey, Grouville ,required to enable Learning Disability Services to assist in promotingtheintegrationof clients back into a community environment,on an internal repairing basis, for a period of three yearsdeemed to have commenced from 16th June 2003, at an annual rent of £15,600.00, onthebasis that eachparty would beresponsible for its own legal costs arising from the transaction.

2nd September 2003

1. a s recommended by the Environment and Public Services Committee, the entering into of a Deed of Arrangement with Mr. William PaynMurray Forster in respect of the property "Brookside", La Route de la Haule, St. Lawrence,inordertoclarifyboundary enclosures onthe land whichbordered "Le Perquage", (which latter propertywasunderthe administration of the Committee),such that theterms of the Deed would be –

(i ) th at the existing walls on the northern and western sides of "Brookside" towards Le Perquage would

belong, (without offset), to Mr. Forster;

(i i) th at Mr. Forster would be conferred all necessary access rights onto Le Perquage in order to maintain

those walls, subject to the usual conditions;

(i ii )  t hat the existing openings in the western walls could be kept as established; and

(i v )  t hat Mr. Forster would be responsible for the reasonable legal fees incurred by the public in relation

to the drafting and passing of the contract; and,

2. a s recommendedby the Environment and PublicServicesCommittee, the saleof land to Mrs. DaphneJoan Tomes, née Le Brun,  of an  area  of  land, (measuring approximately 1,200 square metres - as  shown vertically hatched onDrawingNo. 15/1756/1), adjacent to the propertyknownasLeTalus,La Route du Nord, St. John for a consideration of £1, on the basis that theCommittee would be responsibleforboth parties' legal costs arising from the transactionand any reasonable additional abortivelegalfeeswhich might already have been incurred to date in respectofthe transaction, as previously approvedby the States on 10th December 2002.

NOTIFICATION OF ACCEPTANCE OF TENDER UNDER RULE 5 OF THE PUBLIC FINANCES (GENERAL) (JERSEY) RULES 1967, AS AMENDED -

FINANCE AND ECONOMICS COMMITTEE

18th July 2003

The Education, Sport and Culture Committee accepted a tender in the sum of £444.933.88 submitted by Camerons Limited in respect of the Janvrin School building works for the proposed new Nursery Class. The Committee was advised that six local companies had submitted a tender for the building works but that none of these could result in an outturn cost, (excluding inflation), that was within the budget of £535,000. Following negotiations with Camerons Limited, the company with the lowest original tender, overall savings of £43,067.12 had been identified giving a revised contract sum of £444,933.88.

Contractor     T  en  d e r V a l u e C o n t r a c t P e r io d

Camerons Limited (Tender A)   £ 5 1 3 ,0 0 1 . 0 0 3 9 weeks Camerons Limited (Tender B)   £ 4 8 8 ,0 0 1 . 0 0 3 2 weeks J.P. Mauger Limited    £ 5 2 9 , 5 2 9 .0 0 3 9 w e e k s Stansell QVC Limited   £ 5 5 4 , 9 4 4 .1 3 3 9 w e e ks Hacquoil & Cook Limited   £ 5 4 6 , 6 9 3 .6 5 3 9 weeks C.A. Mauger Limited   £ 6 1 7 , 5 8 4 .0 0 3 9 w e e ks A. C. Mauger & Son (Sunwin) Limited £ 6 6 2 , 1 6 8 .0 0 3 9 weeks

QUESTION PAPER (See Item G)

Senator C.G.P. Lakeman will ask the following questions of the President of the Environment and Public Services Committee –

" 1 . Following the approval by the States of P.17/2003 of Deputy G.C.L. Baudains of St. Clement on 18th March 2003 relating to Field 126, La Grande Route de la Côte, St. Clement , will the President inform members –

(a ) o f the date or dates of correspondence that have passed between the Department and H.M. Attorney

General seeking legal advice; and,

(b ) t he date or dates on which the matter has been considered by the Committee.

2 . W ould the President agree that it is desirable to resolve this matter once and for all and will he assure the

Assembly that the passage of time which it is taking for the application to be considered will not be used as a basis for any alleged entitlement to compensation."

Senator E.P. Vibert will ask the following question of the President of the Policy and Environment Committee –

" ( a) Would the President advise members how the appointment of a Communications Consultant to the Policy and Resources Committee fits in with the policy of spending restraint, which both the Committee and the Finance and Economics Committee are exhorting all other Committees to follow at the present time?

( b ) Would the President advise members –

(i ) w hether the post of Communications Consultant was advertised and, if so, where? (i i) w hat remuneration is being paid?

(i ii )  w hat professional qualifications in communications the appointee holds?"

Senator E.P. Vibert will ask the following question of the President of the Environment and Public Services Committee -

" W ould the President inform members –

( a ) of the fare revenue achieved by the Connex Bus company during July and August 2003?

( b ) how many officers of the Public Services Department have been engaged in monitoring the performance

of the Connex Bus Company to ensure that it is delivering the bus service in accordance with its contract?

 ( c ) how many representatives of the Committee travel on the buses to carry out ticket inspections, as

provided by the contract, and how often this is done?

( d ) how many penalty points, if any, have been accrued by Connex for service failure and the financial value

of those penalty points since the start of the Company's operations?

( e ) of progress in implementing the improvements to the core bus service as promised by Connex in their

contract for the Summer of 2003, such as the introduction of a rural transport on demand operation to meet the

needs of the more isolated rural communities', more journeys later in the evening, regular inner and outer loop services, a round the Island service and the provision of a hop on-hop off' service for local residents and tourists, as well as increased ridership and increased bus revenue promised through sales and marketing and a real-time information system provided both on buses and at key locations?"

The Deputy of St. John will ask the following question of the President of the Policy and Resources Committee –

"Will the President confirm whether the Committee has been requested to help in negotiations at the highest level between H.M. Government and the Bailiwicks of Guernsey and Jersey in respect of the proposed new Guernsey fishing vessel licensing scheme, due to come into operation on 1st October 2003, and, if so, will he provide the dates when the request was received from the Economic Development Committee for assistance in negotiations."

The Deputy of St. John will ask the following question of the President of the Economic Development Committee –

" ( a)  Would the President –

 ( i) g ive details of dates of meetings held with his Guernsey counterparts at political level regarding the

Guernsey Fishing Vessel Licensing Scheme and state which politicians from Jersey and Guernsey attended those meetings?

  (i i) a dvise whether the Committee has asked the Policy and Resources Committee to assist in

negotiations between the U.K. Government, Guernsey and Jersey regarding the Scheme given that Committee's responsibility for external affairs and, if so, when the request was made?

( b ) Would the President inform members whether the Committee has decided what action, if any, it will take

to assist any Jersey fishermen who are unsuccessful in obtaining a licence under the Scheme and whether such assistance will include financial assistance to meet legal costs."

Senator E.P. Vibert will ask the following question of the President of the Policy and Resources Committee –

" W ould the President confirm that a senior public servant, on a three year contract has been told in writing

that his contract would not be renewed as the Department concerned wishes to lower the age profile of the Department'? If this is a fact, would the President explain to members how this fits in with human rights legislation regarding age discrimination and how it fits in with the unfair dismissal legislation passed by the States only a month ago, which specifically outlaws dismissal on the grounds of age?"

Deputy G.C.L. Baudains of St. Clement will ask the following questions of the Environment and Public Services Committee –

" 1 . Would the President inform members –

 ( a )  o f the total cost to date of the British Geological Survey's investigation of Jersey's water supplies?

 ( b )  o f the approximate percentage of those costs attributable to water resources as opposed to water

quality/pollution? and,

 ( c )  q uantify approximately how many Departmental resources have been absorbed on water resources

issues.

2 . A s the consultation period for the Draft Water Resources Law has finished would the President advise

members which bodies/organisations the Committee consulted with and the number of submissions that were made?

The Deputy of St. Martin will ask the following question of the President of the Home Affairs Committee –

" W ill the President inform members when the Committee intends to present draft legislation relating to the confiscation of alcohol for the consideration of the States following the adoption of P.46/2002 on 21st May 2002, and explain why it has taken so long to present the draft legislation concerned?"

Deputy P.N. Troy of St. Brelade will ask the following question of the President of the Finance and Economics Committee –

" I n the report accompanying an amendment presented to the States on 24th June 2003, by the Committee regarding user pays charges, reference was made to a proposed surcharge for the late submission of income tax returns.

W  ould the President inform members –

( a ) whether the Committee intends to introduce a surcharge for late submission of income tax returns and, if

so –

(i ) d escribe the criteria that will apply to such a charge;

( ii ) p rovide an estimate of the amount to be raised by such a charge;

(i ii )  p rovide an estimate of the costs involved in collecting such a charge?

( b ) whether consultation has taken place with accountants or tax advisors and, provide any conclusions

drawn from this process, and give details of any objections raised in this regard by professionals during the consultation exercise?"

The Deputy of St. John will ask the following questions of the President of the Environment and Public Services Committee –

" 1 . Would the President confirm that regular monitoring of bathing water in St. Aubin's Bay has taken place throughout the summer 2003, and, if so, whether it has passed the bathing water quality test on every occasion?

2 . W ould the President explain the reasons for the West Park swimming pool having been left drained for

many days over the last few summer months?"

Senator E.P. Vibert will ask the following questions of the President of the Policy and Resources Committee –

" 1 . Would the President confirm that he has attended a series of meetings with the Chairman of C.I. Traders Limited, in the company of Senator Michael Vibert , for the purpose of attempting to reach a settlement of the legal action with Les Pas Holdings Limited over the ownership of the foreshore within the Fief de la Fosse, and, if the answer is in the affirmative, would he advise members –

( a )  w hen and where these meetings were held;

( b )  w hether any minutes were taken;

( c )  w hether H.M. Solicitor General was informed that these meetings were taking place;

( d ) w hether the Policy and Resources Committee was aware that these meetings were taking place;

and,

 ( e )  w hether reports were given to members of the Policy and Resources Committee regarding what had

been discussed.

2 . ( a) W ould the President confirm whether the former Solicitor General, Mr. Terry Sowden, wrote to

the then Chief Adviser to the States on 23rd December 1993, recording his concern at the possible serious consequences of delay in taking up his offer to help prepare the case against Les Pas?

(b ) W ould the President make this letter and any others from the same source available to members of

the States prior to the debate on the proposition concerning the proposed settlement with Les Pas Holdings Limited?

3 . ( a) W ould the President provide members with a full detailed breakdown of the £7 million figure

quoted in paragraph 35 of the report accompanying P.117/2003 which is stated to be the cost even if the States were to win the action, and a full detailed breakdown of the estimated cost of £12 to £14 million if the States were to lose, as stated in the report.